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TIBER HOLDING CORP. v. DILORETO

No. COA04-1184.

613 S.E.2d 346 (2005)

TIBER HOLDING CORPORATION, Regis Insurance Company, Janus Management Services and Charter Capital Corporation, Plaintiffs, v. Andrew P. DILORETO, Susan S. Diloreto, Michael J. Diloreto, and Camille A. Diloreto, Defendants.

Court of Appeals of North Carolina.

June 7, 2005.

Attorney(s) appearing for the Case

Poyner & Spruill LLP, by J. Nicholas Ellis and Gregory S. Camp, Elizabeth City, for plaintiff-appellees.

Hornthal, Riley, Ellis & Maland, L.L.P., by L.P. Hornthal, Jr., Rocky Mount, for defendant-appellants.

WYNN, Judge.

"Under the doctrine of res judicata or `claim preclusion,' a final judgment on the merits in one action precludes a second suit based on the same cause of action between the same parties or their privies." Whitacre P'ship v. Biosignia, Inc., 358 N.C. 1, 15, 591 S.E.2d 870, 880 (2004). In this case, Defendants contend this action for...

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